Tuesday, October 25, 2011

Shawn and Sbu Mpisane celebrated their wedding anniversary at Zimbali. They celebrated seven years of marriage, 20 years together, and his 40th birthday, with guests such as businessman Kenny Kunene, socialite Khanyi Mbau and various other Zalebs.

Sergeant Wiseman Sibusiso Mpisane – monthly income R15,000 -- owns this mansion and the one next door…

A Facebook page has been launched to get justice for murdered Durban Dog Unit police officer sergeant Craig van Zyl. His friends write that he was ‘shot and killed by the worst kind of criminals… managed and organised by another SA policeman who works for the Durban metropolitan police dog unit. “

“Craig was my friend and I want to see some justice come out of the South African Justice System for once. Please add your name and when we have gathered enough, I will personally send them all to the Commisioner Of Police as well as the Minister for Law and Order. And if you add your name, I will promise you that I will not rest until this Sgt. Mpisane has been held accountable for his actions. Taxi bosses and common criminals may run and hide at the mention of his name, but I am an ex-S.A Policeman and it takes more than this piece of garbage to make me run and hide....and I expect you feel the same,” his friend writes.

Sergeant Wiseman Sibusiso Mpisane, monthly takehome pay R15,000, owns this mansion and the one next door…

Noseweek magazinerecently reported that, while Mpisane's take-home pay as a Durban Metro Police sergeant, even with overtime, amounts to around R15,000 (about $1,500) a month at the Durban Metro Police Dog Unit, his home address is88 Addison Road, La Lucia, KZN (right) – and also the mansion next door...

Noseweek wrote that ‘the identity of the person living at 88 Addison Drive , La Lucia (a spectacular resort made famous by the Oppenheimers many decades ago as a seaside destination for the rich and famous) has in recent months been the subject of intense speculation amongst the locals: is he/she a rock star? A rap artist? Arms dealer? Oil baron? It had to be someone flash who took up residence in the mansion bought last year at auction for R17m. It has since been extensively renovated. It seems the owner has also taken possession of the house adjoining 88 Addison , at 1 Moreland Drive . The latter property, a stately pile in its own right, has been walled in to form part of the Addison Drive complex. The present consensus is that the occupant must be an oil sheik. There is a constant stream of small boys and grown men walking, driving and cycling up and down the road outside, all come to ogle the pieces of automotive pornography parked in the driveway: an Aston Martin DB9 sports car, a Lamborghini Diablo, a Bentley Continental... All are shiny black.The giant Mercs, Bee-ems and Porsches in the fleet are almost too common to mention. Men in dark suits, carrying assault rifles, frequently chase the oglers away if they get too close to the mansion, or its many cars. A ring of closed-circuit cameras records their every move.

Neighbours had long imagined that the residents of 88 Addison had named their home Mpisane, but thats not the case at all. Mpisane is the name of the owner of the compound. Municipal records show that the home is owned by Wiseman Sibusiso Mpisane, until recently a constable, now a sergeant, in the Durban Metro Police.

So many high-profile ANC politicians are seen at the compound that Noseweek was initially told in error that the home was owned by the KZN Premier.Mpisane's own colleagues say that Mpisane is highly thought-of. Taxi bosses and township thugs run in terror at the mere mention of his name.

Noseweek writes that it's no use asking Metro manager Michael Sutcliffe whether Mpisane has permission to moonlight in a second job (he'd have to have a lucrative one to maintain this establishment), since Mr Sutcliffe has already decreed that any questions about Mpisane are racist and will be ignored.

Metro Mike came to that startling conclusion in his address to the eThekwini Municipality Executive Committee nearly two years back, in response to revelations published in the Citizen newspaper (Noseweek81) that his Metro Police had lost hundreds of firearms and that some of these had allegedly been sold to cash heist gangs by Metro policemen. Durban metro blues: whatever happened to those 150 missing guns?http://www.noseweek.co.za/article.php?current_article=1197

Former Noseweek corrrespondent Paul Kirk had asked Sutcliffe to explain just how it was that Mpisane came to keep his job as a Metro Police constable after being linked to a murderous shooting by taxi hitmen and then absconding from work for nearly a year….

In May 1998 a BMW M5 sports car belonging to Mpisane was one of several getaway vehicles used by a gang of hitmen who wrought havoc outside the Durban High Court during a high-profile trial of various taxi bosses.

Picture: Sergeant Craig van Zyl of the SAPS Durban Dog Unitwas driving to the airport when he spotted a number of gunmen carrying AK47 rifles walking toward the High Court. Van Zyl stopped his car to challenge the men, and was gunned down. He bled to death on the road outside the court. Dozens of passersby were wounded in the gunfight - among them a pensioner on her way to do her weekly grocery shopping who also died at the scene.

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Murder and Robbery Unit detectives managed to identify the BMW M5 getaway vehicle as belonging to Mpisane, who even 10 years ago clearly had way more money than the average cop.

A manhunt was launched for Mpisane by the erstwhile Durban Murder and Robbery Unit who had some questions they wanted the constable to answer. In press interviews they pleaded for him to contact them but for well over a year nobody saw Mpisane, not even his employers.

And then, mysteriously, Mpisane was back at work. And just as mysteriously Metro Mike has apparently never seen fit to ask why Mpisane went into hiding after being linked to a group of taxi hitmen.

Mpisane's take-home pay as a Metro Police sergeant, even with overtime, amounts to around R15 000 a month. He now works in the Durban Metro Police Dog Unit.

The Citizen writes: “Constable Wiseman Mpisane, the Durban Metro Policeman whose wealth was in the spotlight with media reports of his R17-million home and collection of sports cars is the subject of a preliminary investigation by the Scorpions into whether he literally got away with murder before he began living the high life in La Lucia - the most expensive suburb of Durban.

More than two years ago the Citizen asked Durban's Municipal Manager Mike Sutcliffe questions about Mpisane's massive wealth. Sutcliffe told the Durban Municipality's Executive Committee that he had investigated Mpisane and found the traffic cop to be squeaky clean.

However the Citizen can reveal that Mpisane has a past that sounds like the plot of a Hollywood movie – and the policeman once confessed to playing a part in a bloody assault rifle attack on the Durban High Court. In May 1998 Durban was rocked when anarchy hit the streets. During the trial of several men accused of murdering taxi boss Moses Gcaba a group of gunmen launched an attack on the seat of justice. Their plan was to murder the accused inside the very halls of the High Court. The heroic actions of several policemen drove off the attack.

Sergeant Craig Van Zyl of the SAPS Durban Dog Unit was one of several cops who tackled the gunmen. Van Zyl was armed only with a handgun and was not wearing a bullet proof vest – he died in a hail of bullets. Eyewitnesses reported to police that some of the gunmen laughed at they sowed terror – firing wildly around the High Court. An 80 year old woman who was doing her shopping was shot and killed in the crossfire. Dozens were seriously injured.

The Murder and Robbery unit arrested three of the suspects at the scene – and another was killed as police returned fire. Three AK47 rifles, many magazines of ammunition, some loaded with armour piercing bullets and a number of handguns were recovered abandoned at the scene.

An elite unit set up by Nelson Mandela to tackle taxi violence, the Special Presidential Taxi Task Team, took over the investigation into the shooting. This unit immediately began a manhunt for the two gunmen who escaped. Eyewitnesses described their getaway vehicle – and the task team managed to obtain traffic camera footage showing the vehicle.

The camera footage showed the car, a red BMW, was driven by Constable Wiseman Mpisane. Mpisane was arrested, but never stood trial. This week very senior policemen involved in the investigation broke their silence – telling the Citizen the story of the traffic cop who got away with murder. The investigators, who spoke on condition of anonymity, told the Citizen that after Mpisane was arrested he immediately agreed to give evidence against the person who he alleged ordered the attack.

Mpisane agreed to become a witness in terms of Section 204 of the Criminal Procedure Act. In doing so Mpisane agreed to testify against others – if the presiding judge found that his evidence was truthful then Mpisane would be granted immunity for his role in the bloodbath.

The then Deputy Attorney General of KZN Dave Damorel was personally instrumental in arranging Mpisane's testimony in terms of this legislation.However before Mpisane could take the stand against the multimillionaire taxi boss Mandla Gcaba – who Mpisane fingered as the mastermind behind the High Court bloodbath, the traffic cop vanished. Judge Allan Howard gave investigators four months to find the traffic cop – but after four months he resumed the trial. With no star witness in the form of Mpisane, Howard found Mandla Gcaba and Jabulani Dumakude not guilty of conspiracy to murder.

He convicted the two high court shooters who were arrested on the scene – sentencing them to life behind bars. The prosecution of Gcabahinged on Mpisane's testimony. Then, days after Gcaba's acquittal, a well fed Mpisane arrived back at Metro Police headquarters and asked for his job back. When questioned by investigators Mpisane claimed he ‘had been kidnapped and taken to a tropical island’. Investigators found this odd – it is the only case known to them where a witness had been kidnapped and taken to a holiday resort to silence them.

However Mpisane was never charged with any criminal offence relating to his conduct, the state felt it could not disprove his claim to have been kidnapped. His confession to police, given in terms of Section 204 of the Criminal Procedure Act could not legally be used to prosecute him.

The Citizen asked Sutcliffe to comment on Mpisane's Section 204 confession to being part of a conspiracy to murder. Sutcliffe, who was given several days to comment, ignored the Citizen's request. Investigations by this newspaper also reveal that Mpisane is married to the sister of Sbu Mkhize – a notorious armed robber and murderer who was shot dead by Murder and Robbery Unit detectives in 1992.

Mkhize was one of the earliest practitioners of cash in transit robberies – and not all of the cash he stole during his reign of terror was recovered. Although a member of the ANC, Sbu's killings were nearly all committed after the ANC renounced the armed struggle.

The final report of the Truth and Reconciliation Commission records several of these murders – and speculates that Sbu's reign of police killings was motivated by a desire to avenge his fathers death at the hands of the KwaZulu Police.

The Citizen has also established that Mpisane's wife – Shawn (sic) Mkhize – also owns Zikhulise Cleaning, Maintenance and Construction. This company has received millions in contracts to build low cost housing. Last year her company received contracts to the value of R179 million from the Durban municipality.

Mpisane has not responded to requests for comment. Sutcliffe this week announced that he was ‘probing whether council tender procedures were followed with regards companies that Mpisane is associated with”.

Mandla Gcaba – the taxi boss Mpisane implicated in murder - is among the wealthiest men in South Africa. Although he has been charged with several crimes relating to taxi violence he has never been convicted. Today Gcaba is involved in several peace initiatives within the once volatile taxi industry.

Tlali Tlali, a spokesman for the National Prosecuting Authority, told the Citizen that the Director of Public Prosecutions was looking into the Mpisane case to establish the full story behind Mpisane and the millionaire taxi boss he never testified against.

Said Tlali: "Something is very strange here and needs to be cleared up. The DPP is making contact with people involved in the original investigation. The matter was only reported to the Scorpions in Durban on Friday and is in the preliminary stages. We are considering whether or not to register an investigation." The story above was published in The Citizen a full two YEARS ago…http://www.facebook.com/group.php?gid=13777037079#/topic.php?uid=13777037079&topic=4453

The tight-lipped police officers from Pretoria's tactical unit and detectives from the Hawks arrived at the R12 million three-storey mansion in posh La Lucia yesterday morning and made frequent trips to Mpisane's other property at Sandringham Court near Umhlanga Rocks.

South African Revenue Service's Adrian Lackay said the authorities had obtained a search-and-seizure warrant last Thursday, which related to the ongoing investigation into the couple's finances.

He said the police were waiting for Mpisane's wife, Shauwn, to arrive at 2pm for them to confiscate the couple's computers. But she did not arrive.

There were rumours that the couple were on holiday in Spain, but a woman who answered Shauwn's cellphone yesterday and only identified herself as Jessica, said she would meet "her friend" in Durban later in the day. "She is around. I'll see her tonight. I have her phone," 'Jessica' said.

Two guards outside the Mpisane house refused to confirm whether their employers were home. A domestic worker, who was in the house while detectives inspected the computers, came out in the afternoon to collect a delivery from Nando's.

Passing motorists gave a thumbs-up when they saw police officers outside the home - usually the venue of lavish parties.

Sbu, a former metro police constable, was investigated by the DA three years ago after it questioned how he could afford a Lamborghini on a R15,000-a-month salary.

He resigned from the police and joined his wife's Zikhulise Cleaning, Maintenance and Transport, which earned millions of rands in tenders from Durban Metro and the KwaZulu-Natal government.

Two years ago the Mpisane's company secured a R300 million low-cost housing tender in Umlazi for houses that were later criticised for being "badly built".

The couple is known for hosting extravagant parties and leading a lavish lifestyle.

The wife of Durban traffic cop turned millionaire Sbu Mpisane is the latest to join the “rent-a-crowd” bandwagon.

Yesterday, Shaun Mpisane arrived at the Durban Magistrate’s Court to be greeted by hundreds of placard-carrying protesters proclaiming her innocence. The high-flying businesswoman is charged with fraud and tax evasion after she allegedly doctored her cleaning company Zikhulise’s tax returns, thereby short-changing SARS by an estimated R2.5m.

Magistrate Fikile Luvuno postponed the case to November 3. Mpisane is out on R50000 bail. About 500 protesters, mostly employees at Zikhulise, claimed that Mpisane was being tar,geted because she was black.

The Mpisanes earlier this year threw a four-day wedding anniversary party attended by high-profile socialites.

The couple own a R15m mansion in Durban’s La Lucia suburb. They also own a fleet of cars, including a Rolls-Royce Phantom and two Lamborginis. provinces@thenewage.co.za

SARS v the rich, take 2

SA Revenue Service Commissioner Oupa Magashula has fired his first salvo of shots all year in a battle against wealthy businessmen.

Articles

Horseracing celebrity and Steinhoff CE Markus Jooste is not the first wealthy South African to enter the crosshairs of the receiver.

In early June the receiver relied on a court order to raid the home of controversial Durban tycoon Sbu Mpisane, while the embattled Dave King had his Stellenbosch winery attached to pay his outstanding tax bills this year as well.

SA Revenue Service Commissioner Oupa Magashula has fired his first salvo of shots all year in a battle against wealthy businessmen, so it is no surprise Jooste is on the hit list, nor that he will be the last.

Jooste faces a R200-million bill for back taxes, small fry compared with the R2.3 billion allegedly owed by King and his company Ben Nevis. But the case of Jooste is significant in that the taxman has invoked the controversial "pay now, argue later" rule, which is a rather controversial rule that also been invoked against wealthy businesses this year, with not so healthy results.

Former cop Mpisane apparently had a fleet of expensive cars parked in his garage, including a Rolls Royce Phantom and Lamborghinis, while money that was meant to go to build low-cost homes was clearly not well spent by Mpisane, as 1,000 of the 3,000 homes to be built have been found to be critically defective. The search and seizure in that case did not leave a sour taste, but while the jury is still out on whether Jooste owes or not, there are certainly some real examples of "pay now, argue later" leaving a particularly sour taste.

I said in this column a few months ago that the fate of dodgy businessmen is a lot bleaker now that the SA Revenue Service is getting beefed-up search and seizure powers, but that it is worrying that "senior" tax officials can decide who to raid as SARS has never been shy to invoke search and seizure where required to clamp down on a growing breed of tax dodgers.

The warrantless searches can only be used in narrowly defined circumstances, but the main point of contention remains that someone with a matric certificate could be given the power to decide what those circumstances are.

When it comes to pay now, argue later, the criticism is that SARS is using this rule to ask for excessive amounts to the detriment of business operations and despite genuine legal questions that may arise, and again that some senior manager there gets to make the call.

Where it is used in genuine cases of evasion by wealthy people, maybe it's not a bad thing, as King has managed to snarl up his payment for all of 15 years by using delaying court tactics. You can understand where the receiver is coming from when weighing up its long struggle with King (whose business affairs do leave a sour taste in my opinion) and the need for quick action on payment by evaders.

But there are more worrying cases of too much power to the receiver being used poorly. For example, a non-resident business in a real case this year was in the dock for a 1.5 billion rand bill, and the rule was invoked to get it despite some pretty important outstanding legal issues.

That business must be tearing its hair out as the receiver cleaned out their bank account to the tune of R20 million, yet a higher court now has to decide whether this Mauritius company is either a resident of SA or carries on business through a permanent establishment in SA. SARS raised the huge assessment on its assumption that the taxpayer's place of effective management was in SA or carried on business through a permanent establishment in SA.

This is a really harsh result that clarifies why it is dangerous to give so much power to a few people that could effectively end a business operation - when it comes to legal semantics a high court is best left making the decision rather than some middle level government official.

The same thing is true for warrantless searches, though in cases of flagrant corruption, a quick court order should be able to be obtained.

In conclusion, a heart-rending snippet from a reader, reacting to the story on new VAT supporting document requirements by the receiver serving to snarl up business: "I had an experience with SARS recently where I took some documents that had been requested - sat in the queue for two hours and when I entered the cubicle and gave the documents, she asked me what she should do with them - the mind boggles."

Shawn and Sbu Mpisane celebrated their wedding anniversary at Zimbali. They celebrated seven years of marriage, 20 years together, and his 40th birthday, with guests such as businessman Kenny Kunene, socialite Khanyi Mbau and various other Zalebs.

For his 40th birthday, Shauwn, the wife of former metro policeman Sbu Mpisane, bought him a R1.8-million Maserati GranCabrio to add to his fleet of luxury cars.

The soft-top convertible in white with a personalised licence plate was driven into the couple's mansion in La Lucia, north of Durban, just before midnight on Saturday. Sbu's birthday party on Saturday night followed the couple's seventh wedding anniversary party that afternoon.

But Mpisane already has a Maserati - as well as a Rolls Royce, a Lamborghini and a Ferrari, which are part of the 30 supercars in his collection.

The Mpisanes first hit the headlines when it was discovered that Shauwn had secured tenders from the eThekwini municipality.

They spared no expense in celebrating their wedding anniversary, treating 180 guests to pricey champagne, sushi and oysters.

Sbu, a former Durban Metro Police constable, was investigated by the DA three years ago after it questioned how he could afford to drive to work in a Lamborghini on R15000 a month.

He resigned from the police and joined his wife's business, Zikhulise Cleaning,Maintenance and Transport, which had scored millions of rands in tenders from the municipality and the KwaZulu-Natal government.

Two years ago, their company secured a R300-million low-cost housing tender in Umlazi for houses that were later criticised for being badly built.

The couple, who spent R12-million on their three-storey La Lucia mansion, spent at least R1-million on both parties at the weekend.

They renewed their vows at the Fairmont Hotel in the luxury Zimbali estate. Matching pearl white Lamborghinis stood outside. Those cars were seized by the SA Revenue Service last year but later returned.

Guests were flown to Durban and booked into the hotel at the Mpisanes' expense.

Shauwn had two different hand-crafted Tiffany chairs made to order, imported for the ceremony, which had an Ancient Egyptian theme. The couple is believed to have spent R300000 on flowers.

Later, the guests changed into white and gold and moved on to the couple's mansion for Sbu's birthday party.

Champagne, Johnny Walker blue and three different types of Hennesy French Cognac flowed.